Office of Public Sector Information
SCHEDULE 4 continued PART 1 continued
“children’s services” are services provided for or in relation to any of the following persons (whether or not they are also provided for or in relation to any other persons)—
children;
persons aged 18 or 19;
persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989;
persons over the age of 19 but under the age of 25 who have a learning difficulty, within the meaning of section 13 of the Learning and Skills Act 2000, and are receiving services under that Act;
“relevant functions” means the functions described in any of paragraphs (a), (c), (d) or (e) of subsection (1) of section 135 of the Education and Inspections Act 2006.
(10) Before making a transfer order the adjudicator must consult the body or trustees holding the land in relation to which the application for the transfer order is made.
(11) In determining whether to make a transfer order, the adjudicator must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(12) Where a transfer order is made, the authority must use the land to which it relates for the stated purpose.
(13) A transfer order made by the adjudicator may be varied or revoked by a further order made by the adjudicator if—
(a) an application for its variation or revocation is made to him by a relevant person in relation to the order, and
(b) before making the further order, the adjudicator consults such persons as he considers appropriate.
(14) A “relevant person” in relation to a transfer order means—
(a) the local education authority who applied for the transfer order, or
(b) the body or trustees who held the land to which the order relates.
(15) In determining whether to make an application to the adjudicator under sub-paragraph (13)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(16) Sub-paragraph (11) applies in relation to the making of a further order by virtue of sub-paragraph (13) as it applies in relation to the making of the original transfer order.
(1) For the purposes of paragraph A23, land held for the purposes of a foundation, voluntary or foundation special school by the governing body of the school is “publicly funded land” if it is—
(a) land acquired under a transfer under section 201(1)(a) of the Education Act 1996,
(b) land acquired under any of the following—
paragraph 2 of Schedule 3;
paragraph 16 of Schedule 6 (including that provision as applied by any enactment);
paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;
any regulations made under paragraph 5 of Schedule 8;
paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),
(c) land acquired under any regulations made under—
section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section, or
section 27 of that Act by virtue of subsection (2)(b) of that section,
(d) land acquired from a foundation body,
(e) land acquired from the Funding Agency for Schools,
(f) land acquired wholly by means of—
(i) any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996), or
(ii) any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,
(g) land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,
(h) land acquired wholly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature, or
(i) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (h).
(2) Sub-paragraph (1)(h) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
(a) prepared an appropriate statement in relation to the expenditure, and
(b) sent a copy of the statement to the governing body either before, or no later than 12 months after, the expenditure was incurred.
(3) An “appropriate statement” in relation to expenditure is a statement in writing which—
(a) contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and
(b) indicates that the expenditure was being treated by the authority as expenditure of a capital nature.
(1) For the purposes of paragraph A23, land held by a foundation body for the purposes of the group of schools for which it acts is “publicly funded land” if it is—
(a) land acquired under any of the following—
paragraph 2, 4 or 9 of Schedule 3;
paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment);
paragraph 5 or 6 of Schedule 21;
paragraph 5(4B)(d) of this Schedule;
any regulations made under paragraph 5 of Schedule 8,
(b) land acquired under any of the following—
paragraph 8(5) of Schedule 8 to the Education Act 2002;
paragraph 14(5) of Schedule 10 to the Education Act 2005;
paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);
any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section;
any regulations made under section 27 of that Act by virtue of subsection (2)(b) of that section,
(c) land acquired from the governing body of a maintained school,
(d) land acquired from another foundation body,
(e) land acquired wholly by means of—
(i) any grant provided by the Secretary of State on or after the appointed day other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment), or
(ii) any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,
(f) land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,
(g) land acquired wholly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature, or
(h) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (g).
(2) Sub-paragraph (1)(g) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
(a) prepared an appropriate statement in relation to the expenditure, and
(b) sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred.
(3) An “appropriate statement” in relation to expenditure is a statement in writing which—
(a) contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and
(b) indicates that the expenditure was being treated by the authority as expenditure of a capital nature.
(1) For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is “publicly funded land” if it is—
(a) land acquired under section 60, 61 or 70 of the Education Act 1996,
(b) land acquired under any of the following—
paragraph 2 of Schedule 3;
paragraph 16 of Schedule 6 (including that provision as applied by any enactment);
paragraph 5(4B)(d) of this Schedule;
any regulations made under paragraph 5 of Schedule 8,
(c) land acquired under any of the following—
paragraph 4 or 9 of Schedule 3;
paragraph 20 of Schedule 6 (including that provision as applied by any enactment),
(d) land acquired under any of the following—
paragraph 8(5) of Schedule 8 to the Education Act 2002;
paragraph 14(5) of Schedule 10 to the Education Act 2005;
paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);
any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section,
(e) land acquired wholly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature,
(f) land acquired from the Funding Agency for Schools,
(g) land acquired wholly by means of—
(i) any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),
(ii) any grant paid under section 216(2) of that Act, or
(iii) any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,
(h) land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,
(i) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (f) to (h), or
(j) land acquired wholly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the Education Act 1996).
(2) For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation or foundation special school by the trustees of the school is also “publicly funded land” if it is—
(a) land acquired by the trustees from the governing body of the school or of another foundation or foundation special school which was land—
(i) acquired by the governing body under a transfer under section 201(1)(a) of the Education Act 1996,
(ii) acquired by the governing body under any of the provisions mentioned in sub-paragraph (1)(b) or under paragraph 8A of this Schedule, or
(iii) acquired by the governing body wholly with the proceeds of disposal of land acquired as mentioned in sub-paragraph (i) or (ii), or
(b) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in sub-paragraph (1)(b).
(3) For the purposes of paragraph A23, land held, or held on trust, for the purposes of a voluntary school by the trustees of the school is also “publicly funded land” if it is—
(a) land acquired by the governing body of the school—
(i) under a transfer under section 201(1)(a) of the Education Act 1996, or
(ii) wholly with the proceeds of disposal of any land so acquired,
and transferred by the governing body to be held on trust by the trustees, or
(b) in the case of a school to which sub-paragraph (4) applies, land acquired wholly by means of expenditure incurred under section 63 or 64 of the Education Act 1996.
(4) This sub-paragraph applies to a voluntary aided school which was, immediately before the appointed day, a controlled school within the meaning of the Education Act 1996.
(5) Land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is not “publicly funded land” for the purposes of paragraph A23 if it is—
(a) land acquired under section 60 or 61 of the Education Act 1996, or
(b) land acquired under paragraph 2 or 4 of Schedule 3 to this Act,
by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the Education Act 1996).
(6) Sub-paragraph (1)(e) does not apply in the case of any expenditure unless the authority—
(a) prepared an appropriate statement in relation to the expenditure, and
(b) sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.
(7) An “appropriate statement” in relation to expenditure is a statement in writing which—
(a) contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and
(b) indicates that the expenditure was being treated by the authority as expenditure of a capital nature.
(1) Where a grant is made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment), the Secretary of State may within the relevant period give the body or other persons to whom the grant is made notice that—
(a) any land acquired, or enhanced in value, wholly or partly by means of the grant is land falling within paragraph A1(1)(g), A7(1)(f) and A13(1)(j), and
(b) any land acquired wholly or partly by means of the grant is land falling within paragraph A24(1)(g), A25(1)(f) and A26(1)(h).
(2) The “relevant period” means the period of 6 months beginning with the date upon which the grant is made.”
3 In the heading to Part 1 of the Schedule after “SCHOOLS” insert “IN WALES”.
4 (1) Paragraph 1 is amended as follows.
(2) In sub-paragraph (1)—
(a) after “foundation special school” insert “in Wales”, and
(b) omit paragraph (c).
(3) In sub-paragraph (1A)(b) for “falling within section 21(1)(a)” substitute “established otherwise than under this Act”.
(4) In sub-paragraphs (2) and (3) for “Secretary of State” substitute “Assembly”.
(5) In sub-paragraph (3)—
(a) for “his” substitute “its”,
(b) for “he”, wherever occurring, substitute “the Assembly”, and
(c) for “him” substitute “the Assembly”.
5 (1) Paragraph 2 is amended as follows.
(2) In sub-paragraph (1)—
(a) after “by a foundation body” insert “in Wales”,
(b) in paragraph (a) omit the words from “or acquired” to the end, and
(c) in paragraph (d) for “Secretary of State” substitute “Assembly”.
(3) After that sub-paragraph insert—
“(1A) A “foundation body in Wales” means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in Wales.”
(4) In sub-paragraphs (2) and (3) for “Secretary of State” substitute “Assembly”.
(5) In sub-paragraph (3)—
(a) for “his” substitute “its”, and
(b) for “he”, wherever occurring, substitute “the Assembly”.
6 (1) Paragraph 2A is amended as follows.
(2) In sub-paragraph (1) after “trustees of a foundation or foundation special school” insert “in Wales”.
(3) In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”.
(4) In sub-paragraph (4)—
(a) for “his” substitute “its”, and
(b) for “he”, wherever occurring, substitute “the Assembly”.
(5) In sub-paragraph (6) after “foundation special school” insert “in Wales”.
7 (1) Paragraph 3 is amended as follows.
(2) In sub-paragraph (1)—
(a) after “foundation special school” insert “in Wales”,
(b) in paragraph (a) omit the words from “or acquired” to the end,
(c) omit paragraph (d), and
(d) in paragraph (f) omit “(d) or”.
(3) In sub-paragraph (2) after “voluntary aided school” insert “in Wales”.
(4) In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”.
(5) In sub-paragraph (8) omit “(d),”.
(6) In sub-paragraph (9)—
(a) for “Secretary of State”, wherever occurring, substitute “Assembly”, and
(b) for “he” substitute “the Assembly”.
(7) In sub-paragraph (12) after “foundation special school” insert “in Wales”.
8 (1) Paragraph 4 is amended as follows.
(2) In sub-paragraph (1)—
(a) after “local education authority” insert “in Wales”, and
(b) for “Secretary of State” substitute “Assembly”.
(3) In sub-paragraph (2)—
(a) for “Secretary of State” substitute “Assembly”, and
(b) for “he” substitute “the Assembly”.
9 (1) Paragraph 5 is amended as follows.
(2) In sub-paragraph (1)(b)—
(a) for “Secretary of State” substitute “appropriate authority”, and
(b) for sub-paragraphs (i) and (ii) substitute—
“(i) under section 19(1) requiring a foundation, voluntary or foundation special school in Wales to be discontinued,
(ii) under section 32(1) requiring a foundation special school in Wales to be discontinued,
(iii) under section 68(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or
(iv) under section 17(1) of that Act requiring a foundation special school in England to be discontinued.”
(3) In sub-paragraph (2) for the words from “Secretary of State” to the end substitute “appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—
(a) if the school is in England, any land falling within paragraphs (a) to (i) of paragraph A1(1) other than land falling within sub-paragraph (2A), or
(b) if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 1(1),
which is held by the body for the purposes of the school.”
(4) After sub-paragraph (2) insert—
“(2A) Land falls within this sub-paragraph if it is—
(a) land falling within paragraph (g) of paragraph A1(1) by virtue of being land enhanced in value as mentioned in that paragraph, or
(b) land falling within paragraph (i) of paragraph A1(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.
(2B) If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them.”
(5) In sub-paragraph (3) for the words from “Secretary of State” to the end substitute “appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—
(a) if the school is in England, any land falling within paragraphs (a) to (h) of paragraph A7(1) other than land falling within sub-paragraph (3A), or
(b) if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 2(1),
which is held by the body for the purposes of the schools comprising the group.”
(6) After sub-paragraph (3) insert—
“(3A) Land falls within this sub-paragraph if it is—
(a) land falling within paragraph (f) of paragraph A7(1) by virtue of being land enhanced in value as mentioned in that paragraph, or
(b) land falling within paragraph (h) of paragraph A7(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.
(3B) If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A7 shall apply to it.”
(7) In sub-paragraph (4)—
(a) for “Secretary of State” substitute “appropriate authority”,
(b) for paragraph (a) substitute—
“(a) require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;”,
(c) in paragraph (b) for “him” and “he” substitute “the appropriate authority”, and
(d) in paragraph (c) for “he” substitute “the appropriate authority”.
(8) After sub-paragraph (4) insert—
“(4ZA) Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A13(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school.
(4ZB) Land falls within this sub-paragraph if it is—
(a) land falling within paragraph (j) of paragraph A13(1) by virtue of being land enhanced in value as mentioned in that paragraph, or
(b) land falling within paragraph (k) of paragraph A13(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.”
(9) In sub-paragraph (4A)—
(a) after “Where the school” insert “is in Wales and”, and
(b) for “Secretary of State for him to exercise his” substitute “appropriate authority for it to exercise its”.
(10) In sub-paragraph (4B)—
(a) after “under sub-paragraph” insert “(4ZA) or”,
(b) for “Secretary of State” substitute “appropriate authority”,
(c) for paragraph (a) substitute—
“(a) require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;”,
(d) in paragraph (b) for the words from “for the purposes of another” to the end substitute “—
(i) in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or
(ii) in the case of a school in Wales, for the purposes of another foundation or foundation special school or for the purposes of a voluntary school,
direct the trustees to exercise that power in such manner as the appropriate authority may specify;”,
(e) in paragraph (c) after “sub-paragraph” insert “(4ZA) or, as the case may be,”, and
(f) in paragraphs (c) and (d) for “he”, wherever occurring, substitute “the appropriate authority”.
(11) In sub-paragraph (5)—
(a) after “(3)” insert “, (4ZA)”, and
(b) for “Secretary of State” substitute “appropriate authority”.
(12) After that sub-paragraph insert—
“(5A) Where the school is in England and the trustees of the school—
(a) dispose of any land falling within sub-paragraph (4ZB), or
(b) wish to use any such land for purposes not connected with the provision of education in maintained schools,
paragraph A13 shall apply to them.”
(13) In sub-paragraph (6) after “Where” insert “the school is in Wales and”.
10 (1) Paragraph 6 is amended as follows.
(2) In sub-paragraph (1) for “Secretary of State's” substitute “appropriate authority's”.
(3) In sub-paragraph (2)—
(a) for “Secretary of State” substitute “appropriate authority”,
(b) for “he”, wherever occurring, substitute “the appropriate authority”,
(c) for “the authority”, wherever occurring, substitute “the local education authority”, and
(d) for “him” substitute “the appropriate authority”.
(4) After sub-paragraph (3) insert—
“(3A) Where the school is in England and the trustees of the school—
(a) dispose of any land falling within paragraph A13(1), (2) or (3), or
(b) wish to use any such land for purposes not connected with the provision of education in maintained schools,
paragraph A13 shall apply to them.”
(5) In sub-paragraph (4) after “Where” insert “the school is in Wales and”.
11 In paragraph 7, in sub-paragraphs (2)(ii), (3)(c) and (6), for “Secretary of State” substitute “appropriate authority”.
12 In paragraph 8(2)—
(a) for “Secretary of State” substitute “appropriate authority”,
(b) for “he”, wherever occurring, substitute “the appropriate authority”,
(c) for “him” substitute “the appropriate authority”, and
(d) for “the authority”, wherever occurring, substitute “the local education authority”.
13 After paragraph 8 insert—
8A (1) This paragraph applies where the trustee of one or more foundation or foundation special schools to which section 23A (requirements as to foundations) applies is a body corporate.
(2) Where—
(a) the body corporate has under any enactment passed a resolution for its winding up,
(b) a court has made an order for the winding up of the body corporate,
(c) the body corporate has been removed under subsection (4) of section 3 of the Charities Act 1993 from the register of charities kept under that section, or
(d) prescribed conditions relating to the ability of the body corporate to pay its debts or to its continued existence as a body corporate or as a charity are met,
the Secretary of State may make an order under this paragraph.
Education and Inspections Act 2006